CLARENCE H. HALL, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1997-07-25
No. 97-1245
W. SHARP and GOSHORN, JJ., concur.
698 So. 2d 576 Florida District Court of Appeal, Fifth District (1997) Negative Treatment
Cited by 31 cases

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Holding

The court held that the appellant's pro se appeal of post-conviction relief denial was frivolous and untimely, warranting sanctions.

Facts & Procedural History

Appellant, Clarence H. Hall, Jr., filed a pro se appeal of the summary denial of two motions for post-conviction relief, despite prior warnings and pr…

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Topics
Sanctions For Frivolous Appeals Gain Time Forfeiture Frivolous Appeal Sanctions

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Opinion of the Court
COBB, Judge.

COBB, Judge.

This court in Hall v. State, 690 So. 2d 754 (Fla. 5th DCA 1997) advised Clarence H. Hall, Jr. that any further frivolous pro se appeals would subject him to sanctions as provided in section 944.28(2)(a), Florida Statutes (Supp.1996). This court also prohibited Hall from filing any further pro se pleadings concerning his 1990 convictions. Undaunted by this admonition, Hall has filed a pro se appeal of the summary denial of two motions for post-conviction relief. The motions, di reeted to a judgment and sentence in Case No. '81-1061 are untimely and without merit and clearly frivolous.1

Therefore, we direct the Department of Corrections to forfeit the applicable gain time earned by Hall pursuant to section 944.28(2)(a), Florida Statues (Supp.1996). Furthermore, it is ordered that Clarence H. Hall, Jr. is prohibited from henceforth appearing in his own behalf in this court in this or other causes as an appellant or petitioner. The clerk of this court is directed not to accept any further pro se pleadings or filings from Clarence H. Hall, Jr. relating to any prior criminal convictions. See Platel v. Maguire, Voorhis & Wells, 436 So. 2d 303 (Fla. 5th DCA 1983), rev. denied, 440 So. 2d 353 (Fla.1983), and rev. denied, 441 So. 2d 632 (Fla.1983), cert. denied, 465 U.S. 1069, 104 S.Ct. 1422, 79 L.Ed.2d 747 (1984), and cert. denied, 465 U.S. 1107, 104 S.Ct. 1612, 80 L.Ed.2d 141 (1984), rehearing denied, 466 U.S. 954, 104 S.Ct. 2162, 80 L.Ed.2d 547 (1984). See also O’Brien v. State, 689 So. 2d 336 (Fla. 5th DCA 1997).

AFFIRMED; DEPARTMENT OF CORRECTIONS DIRECTED TO FORFEIT GAIN TIME.

W. SHARP and GOSHORN, JJ., concur. . The defendant has also filed an appeal of the denial order directed to Case No. 79-604. Hall v. State, 697 So. 2d 155.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (16 total)

  • Davis v. State, 705 So. 2d 133 (Fla. 5th DCA 1998)
    …aving all or any part of his or her gain time forfeited. § 944.28(2)(a), Fla. Stat. When one prisoner ignored this warning, this court directed the Department of Corrections to forfeit the applicable gain time earned by the defendant. Hall v. State, 698 So. 2d 576 (Fla. 5th DCA 1997). In accordance with the Criminal Appeal Reform Act, and in order to conserve our judicial resources, we prohibit Mr. Davis from filing any further pro se pleadings with this court concerning his 1982 conviction and sentence. Fur…
  • Hall v. State of Fla. & Michael W. Moore, 752 So. 2d 575 (Fla. 2000)
    …PER CURIAM. We have for review Hall v. State, 698 So. 2d 576 (Fla. 5th DCA 1997), based on express and direct conflict with Mercade v. State, 698 So. 2d 1313 (Fla. 2d DCA 1997), concerning a court’s proper role in the implementation of sections 944.28(2) and 944.279, Florida Statutes (1999), relating to the i…
  • Bradley v. State, 703 So. 2d 1176 (Fla. 5th DCA 1997)
    …aving all or any part of his or her gain time forfeited. § 944.28(2)(a), Fla. Stat. When one prisoner ignored this warning, this court directed the Department of Corrections to forfeit the applicable gain time earned by the defendant. Hall v. State, 698 So. 2d 576 (Fla. 5th DCA 1997). [*1178] In accordance with the Criminal Appeal Reform Act, and in order to conserve our judicial resources, we prohibit Mr. Bradley from filing any further pro se pleadings with this court concerning his 1987 convictions and sen…

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